Preview
FILED: NEW YORK COUNTY CLERK 05/23/2018 11:58 AM INDEX NO. 154832/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018
Mex No.:
SUPREME COURT OF THE STATE OF NEW YORK
Date Purchased:
COUNTY OF NEW YORK
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SUMMONS
EFRAIN TORRES
Plaintiffs designate New York
County as the place of trial.
Plaintiff(s),
The basis of venue is:
-against- Place of Occurrence
The occurrence took place in
THE NEW YORK CITY HOUSING AUTHORITY
New York County
Defendant(s).
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To the above named Defendants:
You are hereby summoned to answer the complaint in this action, and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the Plaintiffs attorneys within twenty days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within the
state, or, within 30 days after completion of service where service is made in any other manner.
In case of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded in the complaint.
Dated: New York, NY
May 23, 2018
HOWARD SCHATZ
SILBOWITZ, GARAFOLA, SILBOWITZ,
SCHATZ & FREDERICK, LLP
ATTORNEY FOR PLAINTIFF(S)
EFRAIN TORRES
25 WEST 43RD STREET
SUITE 711
NEW YORK, NY 10036
(212) 354-6800
Our File No. 201800223
TO:
The New York City Housing Authority
250 Broadway
New York, NY 10007
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SUPREME COURT OF THE STATE OF NEW YORK ·
Index No
COUNTY OF NEW YORK
Purchased:
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EFRAIN TORRES
. VERIFIED
Plamtiff(s) '
COMPLAINT
-against-
THE NEW YORK CITY HOUSING AUTHORITY
Defendant(s).
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Plaintiff, by his attorneys, SILBOWITZ, GARAFOLA, SILBOWITZ, SCHATZ 4
FREDERICK, LLP, complaining of the Defendant, respectfully alleges, upon information and
belief:
1. At the time of the commencement of this action Plaintiff was, and stillis a,resident
of the County of Bronx and State of New York.
2. The cause of action herein alleged arose in the State of New York, County of New
York.
3. That on January 07, 2018, and at all times herein mentioned, Defendant NEW
YORK CITY HOUSING AUTHORITY was, and stillis a public-benefit authority, organized
and existing under and by virtue of the laws of the State of New York.
4. That on February 12, 2018, and within the time prescribed by law, a sworn Notice
of Claim stating, among other things, the time when and place where the injuries and damages
Plaintiffs'
were sustained, together with Plaintiffs demand for adjustment thereof was duly served on the
Plaintiffs'
behalf on the NEW YORK CITY HOUSING AUTHORITY and that thereafter said
NEW YORK CITY HOUSING AUTHORITY refused or neglected for more than thirty (30)
days, and up to the commencement of this action, to make any adjustment or payment thereof, and
that thereafter, and within the time provided by law, this action was commenced.
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5. That on April 19, 2018, pursuant to General Municipal Law 50(h), a hearing was
held.
6. That this action is being commenced within one year and ninety days after accrual
of this cause of action, or within the time allowed by law.
7. On January 07, 2018, and at all times herein mentioned, Defendant NEW YORK
104th
CITY HOUSING AUTHORITY owned the premises located at 50 East street, in the
County, City and State of New York.
8. On January 07, 2018 and at alltimes herein mentioned, Defendant NEW YORK
CITY HOUSING AUTHORITY, by its agents, servants and/or employees, operated the
aforesaid premises.
9. On January 07, 2018 and at alltimes herein mentioned, Defendant NEW YORK
CITY HOUSING AUTHORITY, by its agents, servants and/or employees, controlled the
aforesaid premises.
10. On January 07, 2018 and at all times herein mentioned, Defendant, NEW YORK
CITY HOUSING AUTHORITY, by its agents, servants and/or employees, maintained the
aforesaid premises.
11. On January 07, 2018 and at alltimes herein mentioned, Defendant NEW YORK
CITY HOUSING AUTHORITY, by itsagents, servants and/or employees, repaired the aforesaid
premises.
12. On January 07, 2018 and at alltimes herein mentioned, Defendant NEW YORK
CITY HOUSING AUTHORITY, by its agents, servants and/or employees, managed the
aforesaid premises.
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13. That on January 07, 2018 Plaintiff EFRAIN TORRES was lawfully present on the
aforesaid premises.
14. That on January 07, 2018, while Plaintiff EFRAIN TORRES was lawfully present
on the aforesaid premises, he was caused to sustain severe and permanent injuries.
15. That the above-mentioned occurrence, and the results thereof, were caused by the
negligence, carelessness and recklessness of the Defendant and/or said Defendant's servants,
agents, servants, employees and/or licensees in the ownership, operation, management,
maintenance, supervision, repair and control of the aforesaid premises.
16. That no negligence on thepart of the Plaintiff contributed to the occurrence alleged
herein in any manner whatsoever.
17. That by reason of the foregoing, Plaintiff, EFRAIN TORRES, was caused to
sustain serious and permanent injuries and to have suffered pain and suffering; that these injuries
and their effects will be permanent; as a result of said injuries, Plaintiff incurred and will continue
to incur expenses for medical care and attention; and Plaintiff was and will continue to be rendered
unable to perform Plaintiffs normal activities and duties and has sustained a resultant loss
therefrom.
18. This action falls within one or more of the exceptions set forth in CPLR §1602
19. That as a result of the foregoing, Plaintiff, EFRAIN TORRES, was damaged in a
sum which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
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WHEREFORE, Plaintiff(s) demand(s) judgment against the Defendants herein on all
causes of action, in a sum exceeding the jurisdictional limits of all lower courts which would
otherwise have jurisdiction, together with the costs and disbursements of this action.
Dated: New York, NY
May 23, 2018
Yours, etc.
HOWARD SCHATZ
SILBOWITZ, GARAFOLA, SILBOWITZ,
SCHATZ & FREDERICK, LLP
ATTORNEY FOR PLAINTIFF(S)
EFRAIN TORRES
25 WEST 43RD STREET
SUITE 711
NEW YORK, NY 10036
(212) 354-6800
Our File No. 201800223
4
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ATTORNEY'S VERIFICATION
HOWARD SCHATZ, an attorney duly admitted to practice before the Courts of the State
of New York, affirms the following to be true under the penalties of perjury:
I am an attorney at SILBOWITZ, GARAFOLA, SILBOWITZ, SCHATZ &
FREDERICK, LLP, attorneys of record for Plaintiff(s), EFRAIN TORRES. I have read the
annexed COMPLAINT and know the contents thereof, and the same are true to my knowledge,
except those matters therein which are stated to be alleged upon information and belief, and as to
those matters I believe them to be true. My belief, as to those matters therein not stated upon
knowledge, is based upon facts, records, and other pertinent information contained in my files.
This verification is made by me because Plaintiff(s) is/are not presently in the county
wherein I maintain my offices.
DATED: New York, NY
May 23, 2018
HOWARD SCHATZ
5
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
EFRAIN TORRES
Plaintiff(s),
-against-
THE NEW YORK CITY HOUSING AUTHORITY
Defendant(s).
SUMMONS AND VERIFIED COMPLAINT
Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP
Atorneys for Plaintiff(s)
25 West 43rd Street
New York, NY 10036
(212) 354-6800
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts
of New York State, certifies that, upon, information and belief and reasonable inquiry, the
contentions contained in the annexed document are not frivolous.
Dated: May 23, 2018
Signature
Howard Schatz
6
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Preview
FILED: NEW YORK COUNTY CLERK 05/23/2018 11:58 AM INDEX NO. 154832/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 Mex No.: SUPREME COURT OF THE STATE OF NEW YORK Date Purchased: COUNTY OF NEW YORK ----------------------------------------------------------------------X SUMMONS EFRAIN TORRES Plaintiffs designate New York County as the place of trial. Plaintiff(s), The basis of venue is: -against- Place of Occurrence The occurrence took place in THE NEW YORK CITY HOUSING AUTHORITY New York County Defendant(s). ----------------------------------------------------------------------X To the above named Defendants: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, NY May 23, 2018 HOWARD SCHATZ SILBOWITZ, GARAFOLA, SILBOWITZ, SCHATZ & FREDERICK, LLP ATTORNEY FOR PLAINTIFF(S) EFRAIN TORRES 25 WEST 43RD STREET SUITE 711 NEW YORK, NY 10036 (212) 354-6800 Our File No. 201800223 TO: The New York City Housing Authority 250 Broadway New York, NY 10007 1 of 7 FILED: NEW YORK COUNTY CLERK 05/23/2018 11:58 AM INDEX NO. 154832/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 SUPREME COURT OF THE STATE OF NEW YORK · Index No COUNTY OF NEW YORK Purchased: ----------------------------------------------------------------------------X EFRAIN TORRES . VERIFIED Plamtiff(s) ' COMPLAINT -against- THE NEW YORK CITY HOUSING AUTHORITY Defendant(s). ----------------------------------------------------------------------------X Plaintiff, by his attorneys, SILBOWITZ, GARAFOLA, SILBOWITZ, SCHATZ 4 FREDERICK, LLP, complaining of the Defendant, respectfully alleges, upon information and belief: 1. At the time of the commencement of this action Plaintiff was, and stillis a,resident of the County of Bronx and State of New York. 2. The cause of action herein alleged arose in the State of New York, County of New York. 3. That on January 07, 2018, and at all times herein mentioned, Defendant NEW YORK CITY HOUSING AUTHORITY was, and stillis a public-benefit authority, organized and existing under and by virtue of the laws of the State of New York. 4. That on February 12, 2018, and within the time prescribed by law, a sworn Notice of Claim stating, among other things, the time when and place where the injuries and damages Plaintiffs' were sustained, together with Plaintiffs demand for adjustment thereof was duly served on the Plaintiffs' behalf on the NEW YORK CITY HOUSING AUTHORITY and that thereafter said NEW YORK CITY HOUSING AUTHORITY refused or neglected for more than thirty (30) days, and up to the commencement of this action, to make any adjustment or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 2 of 7 FILED: NEW YORK COUNTY CLERK 05/23/2018 11:58 AM INDEX NO. 154832/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 5. That on April 19, 2018, pursuant to General Municipal Law 50(h), a hearing was held. 6. That this action is being commenced within one year and ninety days after accrual of this cause of action, or within the time allowed by law. 7. On January 07, 2018, and at all times herein mentioned, Defendant NEW YORK 104th CITY HOUSING AUTHORITY owned the premises located at 50 East street, in the County, City and State of New York. 8. On January 07, 2018 and at alltimes herein mentioned, Defendant NEW YORK CITY HOUSING AUTHORITY, by its agents, servants and/or employees, operated the aforesaid premises. 9. On January 07, 2018 and at alltimes herein mentioned, Defendant NEW YORK CITY HOUSING AUTHORITY, by its agents, servants and/or employees, controlled the aforesaid premises. 10. On January 07, 2018 and at all times herein mentioned, Defendant, NEW YORK CITY HOUSING AUTHORITY, by its agents, servants and/or employees, maintained the aforesaid premises. 11. On January 07, 2018 and at alltimes herein mentioned, Defendant NEW YORK CITY HOUSING AUTHORITY, by itsagents, servants and/or employees, repaired the aforesaid premises. 12. On January 07, 2018 and at alltimes herein mentioned, Defendant NEW YORK CITY HOUSING AUTHORITY, by its agents, servants and/or employees, managed the aforesaid premises. 3 of 7 FILED: NEW YORK COUNTY CLERK 05/23/2018 11:58 AM INDEX NO. 154832/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 13. That on January 07, 2018 Plaintiff EFRAIN TORRES was lawfully present on the aforesaid premises. 14. That on January 07, 2018, while Plaintiff EFRAIN TORRES was lawfully present on the aforesaid premises, he was caused to sustain severe and permanent injuries. 15. That the above-mentioned occurrence, and the results thereof, were caused by the negligence, carelessness and recklessness of the Defendant and/or said Defendant's servants, agents, servants, employees and/or licensees in the ownership, operation, management, maintenance, supervision, repair and control of the aforesaid premises. 16. That no negligence on thepart of the Plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 17. That by reason of the foregoing, Plaintiff, EFRAIN TORRES, was caused to sustain serious and permanent injuries and to have suffered pain and suffering; that these injuries and their effects will be permanent; as a result of said injuries, Plaintiff incurred and will continue to incur expenses for medical care and attention; and Plaintiff was and will continue to be rendered unable to perform Plaintiffs normal activities and duties and has sustained a resultant loss therefrom. 18. This action falls within one or more of the exceptions set forth in CPLR §1602 19. That as a result of the foregoing, Plaintiff, EFRAIN TORRES, was damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 4 of 7 FILED: NEW YORK COUNTY CLERK 05/23/2018 11:58 AM INDEX NO. 154832/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 WHEREFORE, Plaintiff(s) demand(s) judgment against the Defendants herein on all causes of action, in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: New York, NY May 23, 2018 Yours, etc. HOWARD SCHATZ SILBOWITZ, GARAFOLA, SILBOWITZ, SCHATZ & FREDERICK, LLP ATTORNEY FOR PLAINTIFF(S) EFRAIN TORRES 25 WEST 43RD STREET SUITE 711 NEW YORK, NY 10036 (212) 354-6800 Our File No. 201800223 4 5 of 7 FILED: NEW YORK COUNTY CLERK 05/23/2018 11:58 AM INDEX NO. 154832/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 ATTORNEY'S VERIFICATION HOWARD SCHATZ, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am an attorney at SILBOWITZ, GARAFOLA, SILBOWITZ, SCHATZ & FREDERICK, LLP, attorneys of record for Plaintiff(s), EFRAIN TORRES. I have read the annexed COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. This verification is made by me because Plaintiff(s) is/are not presently in the county wherein I maintain my offices. DATED: New York, NY May 23, 2018 HOWARD SCHATZ 5 6 of 7 FILED: NEW YORK COUNTY CLERK 05/23/2018 11:58 AM INDEX NO. 154832/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/23/2018 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK EFRAIN TORRES Plaintiff(s), -against- THE NEW YORK CITY HOUSING AUTHORITY Defendant(s). SUMMONS AND VERIFIED COMPLAINT Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP Atorneys for Plaintiff(s) 25 West 43rd Street New York, NY 10036 (212) 354-6800 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon, information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: May 23, 2018 Signature Howard Schatz 6 7 of 7